Chapter 3- Law making: parliamentary law making

Question 1

A key principle in a democracy is ?

Answer 1

That laws should be made by elected representatives of society

Question 2

How are the members of the House of Commons elected?

Answer 2

By electorate.

Question 3

The country is divided into?

Answer 3

Constituencies- each one of these votes for one MP

Question 4

There must be a general election every?

Answer 4

5 years

Question 5

House of Lords is a …-……. Body

Answer 5

Non-elected

Question 6

Before 1999 there were how many many members of the House of Lords?

Answer 6

1,110

Question 7

How many members were hereditary peers?

Answer 7

750

Question 8

Green paper is a what?

Answer 8

Consultative document on a topic in which the governments view is put forward with proposals for law reform.

Question 9

White paper is a what?

Answer 9

A document issued by the government stating their decisions as to how they are going to reform the law.

Question 10

Majority of acts of parliament are introduced by who? And drafted by who?

Answer 10

Government and these are initially drafted by lawyers in the Civil service.

Question 11

What is a Bill?

Answer 11

Draft law going through parliament before it passes all the parliamentary stages to become an Act of Parliament.

Question 12

Bills are put forward by who?

Answer 12

Government ministers

Question 13

Private members bills are?

Answer 13

Where individual MP introduces a bill

Question 14

What is an example of a private members’ bill?

Answer 14

Abortion act 1967

Question 15

Describe briefly a ballot

Answer 15

Parliamentary process allows for a ballot each parliamentary session in which 20 private members are selected who can then take their turn in presenting a bill.

Question 16

Describe the Ten-Minute Rule

Answer 16

Backbenchers can also introduce bill by ten minute rule, under which any MP can make a speech of up to ten minutes supporting the introduction of new legislation.
It is rarely successful.

Question 17

Example of Act of parliament introduced by Ten-Minute rule?

Answer 17

Bail (amendment) act 1993.

Have prosecution the right to appeal against granting of bail to a defendant.

Question 18

Public bills

Answer 18

Most bills are introduced as public bills into parliament as a matter of public policy as they affect the whole country.

Question 19

An example of a public bill?

Answer 19

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Criminal justice and Courts Act 2015

Question 20

Private bills

Answer 20

These are rare and are designed to pass law that affects individuals or corporations.

Question 21

An example of Private bill?

Answer 21

Faversham Oyster Fisheries Bill 2016

Question 22

Hybrid bills

Answer 22

Cross between public and private bills.

Government introduces hybrid bills.if they become law they will affect a person or organisation.

Question 23

Example of hybrid bill

Answer 23

Various crossrail bills which allow for the construction of underground rail links in London which affect the people in the area.

Question 24

Where are most bills first introduced and why?

Answer 24

House of Commons as it is democratically elected.

Question 25

Role of House of Lords?

Answer 25

Acts as a check on the House of Commons. All bills go through the House of Lords and they can vote against proposed changes to the law.

Question 26

What acts limit the power of House of Lords? And what do they do?

Answer 26

Parliament Acts 1911 and 1949.
Allow a bill to become law even if the House of Lords rejects it, provided that the bill is reintroduced into the House of Commons in the next session of parliament and passes all the stages again there.

Question 27

How long can the House of Lords delay a law up to?

Answer 27

1 year

Question 28

The principle behind the parliaments is what?

Answer 28

That the House of Lords is not an elected body, it’s function is to refine and add to the law rather than oppose to the will of the democratically elected House of Commons.

Question 29

What 4 occasions when the procedure of Parliament act 1911 and 1949 have been used to by pass the House of Lords after they voted against a bill?

Answer 29

War Crimes Act 1991
European Parliamentary Elections Act 1999
Sexual Offences (amendment) Act 2000
Hunting Act 2004

Question 30

Passing of hunting act 2004 caused what challenges?

Answer 30

There was a challenge as to whether the act was constitutionally valid.
The challenge was on the basis that the Parliament Act 1949 could not be used as it had increased the House of Commons power without the agreement of the House of Lords.
It was held that the act merely placed limits on the power of HOL therefore the Hunting act had been enacted validly and was law.

Question 31

What are the 8 stages of the parliamentary process?

Answer 31

Bill is drafted
First reading in the House of Commons 
Second reading in the House of Commons
Committee stage
Report stage
Third reading in the House of Commons
Same procedure in the House of Lords
Royal assent

Question 32

What is the first reading?

Answer 32

Formal procedure where the name of the Bill is read out. No discussion or vote takes place

Question 33

What is the second reading?

Answer 33

This is the main debate on the whole bill in which MPs debate the principles behind the bill. The debate usually focuses on the main principles and not the smaller details. To speak you must catch the Speakers eye and be called upon to speak. At the end a vote is taken and it may be verbal to which all members of parliament shout ‘Aye’ or ‘No’ to. If it is clear that nearly all members of parliament are in agreement there is no need for a formal vote.

Question 34

Committee stage

Answer 34

Detailed examination of each clause of the bill is undertaken by a committee of between 16 and 50MPs. This is usually done by a standing committee which is a committee chosen specifically for that bill. MPs nominated for standing committee will usually have a special interest or knowledge for the subject of the bill which is being considered.

Question 35

Report stage

Answer 35

Where the committee report back to the house on the amendments made in the previous Committee stage. Further amendments may also be added after further debate.

Question 36

Third reading

Answer 36

This is the final vote on the bill it is almost a formality as a bill has been passed through all the other stages which means it is unlikely to fall at this stage. There will only be an actual further debate on the bill as a whole if at least 6MPs request it.

Question 37

The House of Lords (parliamentary procedure)

Answer 37

Bill will go through the same 5 stages from House of Commons. If amendments are made in the bill it will go back to House of Commons for them to accept those amendments. Sending from one house to another is referred to as ‘ping pong’.

Question 38

Royal assent

Answer 38

The final stage of a bill where the monarch formally gives approval to the bill and it then becomes an act of parliament.
Under the Royal Assent Act 1967 the monarch will not even have the text of the bill to which she is assenting she will only have the short title.

Question 39

When and who was the last refusal to assent.

Answer 39

1707 when Queen Anne refused to assent to the Scottish Militia Bill.

Question 40

Commencement of an AOP is when?

Answer 40

Comes into force on midnight of that day.